CLA-2 CO:R:C:G 085268 CMR 843776
6201.93.3520, 6210.40.1040
Mr. Stanley Shustin
Winer Industries, Inc.
404 Grand Street
Paterson, New Jersey 07505
RE: Classification of four cold-weather garments under the
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA)
Dear Mr. Shustin:
This ruling is in response to your letter of July 24, 1989,
requesting the classification of four cold-weather garments. The
garments will be imported from South Korea, Taiwan and Bangladesh
through the port of Los Angeles. A sample of each garment has been
submitted for review.
FACTS:
Each of the submitted samples has an outershell that has been
coated on its inner surface with a 450 mm polyurethane coating.
Additionally, each garment has an insulating layer of nonwoven
batting between the outershell and lining. We will assume that the
nonwoven batting in all the garments is polyester, particularly
because two of the garments so specify.
Style 30334/5 is a men's bib overall with an outershell of woven
nylon and a woven lining. The garment features adjustable straps, a
front zipper opening, a front pocket at the hip with a zipper
closure, knit side inserts and hidden storm cuffs. The garment will
be imported from South Korea in styles 30334/5 (men's), 30334/5
(men's tall) and 30311/1 (ladies').
Style 28070/1 is a men's hip-length jacket with a woven nylon
outershell and a woven lining which is quilted to the nonwoven
interlining. It has a full-front zippered opening covered by a storm
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flap with snaps, zippered pockets at the waist, elasticized cuffs and
waist and a stand-up collar. The garment will be imported from South
Korea in styles 28070/1 (men's), 28081/2 (men's tall) and 28050/1
(ladies').
Style 508-1146 is a men's snowmobile suit with a woven nylon
twill outershell and a woven lining which is quilted to the nonwoven
interlining. The garment has a zippered front opening, a partially
elasticized waist with an attached half-belt, a roll-up hood which
stores in a zippered compartment in the collar, a covered pocket in
the left chest area, zippered pockets at the waist, zippered
extension vents on the pants legs at about mid-calf, and elasticized
footstraps. The garment will be imported from Taiwan in styles 508-
1146 (men's), 508-1153 (men's tall), 508-1179 (youths) and 508-1161
(ladies').
Style 414-3207 is a boy's jacket with a woven outershell and a
woven lining which is quilted to the nonwoven interlining. You
informed our New York office that the shell is 65 percent polyester
and 35 percent cotton, not 100 percent nylon as indicated in your
letter. The jacket has a full-front zippered opening with a storm
flap, slant pockets at the waist, elasticized waistband, rib knit
cuffs and a knit-lined collar. The garment will be imported from
Bangladesh in styles 414-3207 (boys 4-7) and 424-3311 (boys 8-20).
ISSUE:
Are the submitted garments classifiable in heading 6210 as
garments, made up of fabrics of heading 5603 or 5903, or in other
headings of Chapter 62?
LAW AND ANALYSIS:
Classification of products under the HTSUSA is governed by the
General Rules of Interpretation (GRIs). GRI 1 provides that
classification shall be determined according to the terms of the
headings and any relative section or chapter notes, and provided such
headings or notes do not otherwise require, according to [the
remaining GRIs taken in order].
In HRL 083721 of June 13, 1989, a jacket with a heavy nonwoven
fabric insulating layer was determined to be classifiable under
heading 6210, HTSUSA, which provides for garments, made up of a
fabric of heading 5603 (among other headings). The reason for this
result was the presence of the heavy nonwoven fabric which
contributed significantly to the garment and, therefore, could not be
ignored. Note that even though the garment was determined to be
"made up of fabrics" of heading 5603, the garment was not determined
to have its essential character imparted by the nonwoven fabric.
While not expressly stated in the ruling, the nonwoven insulating
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layer was much heavier than that normally found in similar garments.
We have been informed that a normal nonwoven insulating layer weighs
eight ounces per square yard.
The garments at issue here appear to have an average amount of
nonwoven filling. Where a garment has a normal (or less than normal)
weight nonwoven insulating layer, that insulating layer will be
disregarded in determining the classification of the garment. This
is in accord with the Harmonized Commodity Description and Coding
System, Explanatory Notes, which are the official interpretation of
the HTSUSA at the international level, and which state in regard to
Chapter 62:
The classification of goods in this Chapter is not affected
by the presence of parts or accessories of, for example, knitted
or crocheted fabrics, furskin, feather, leather, plastics or
metal. Where, however, the presence of such materials
constitutes more than mere trimming the articles are classified
in accordance with the relative Chapter Notes (particularly Note
4 to Chapter 43 and Note 2(b) to Chapter 67, relating to the
presence of furskin and feathers, respectively), or failing
that, according to the General Interpretative Rules. (at 848)
Since normal linings fall within the category of "mere
trimming", and the nonwoven insulating linings in the garments at
issue are no heavier than would normally be found in insulated
garments, the nonwoven lining does not affect the classification of
the subject garments.
Additionally, the Subheading Explanatory Note to the General
Explanatory Notes to Chapter 62, Section XI, provides:
Classification of articles made from quilted textile products in
the piece of heading 58.11
Articles made from the quilted textile products in the
piece of heading 58.11 are to be classified within the
subheadings of the headings of the Chapter under the provisions
of Subheading Note 2 to Section XI. For the purposes of their
classification, it is the textile material of the outer fabric
which gives these articles their essential character. This
means that where, for example, a man's quilted anorak has an
outer fabric of 60% cotton and 40% polyester, the garment falls
in subheading 6201.92. It should be noted that, even if this
outer fabric by itself falls in heading 59.03, 59.06 or 59.07,
the garment does not fall in heading 62.10.
For those garments with the woven linings quilted to the
nonwoven fillings, the above stated Subheading Explanatory Note
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applies. In light of that note, those garments are not classifiable
in heading 6210, but are classified in the appropriate headings of
Chapter 62 according to the textile materials of their outer fabrics.
In your letter, you stated that the coating on the submitted
garments is 450 mm polyurethane. However, the coating on style 508-
1146, the snowmobile suit, appears much heavier than the coating on
the other garments.
Heading 5903, HTSUSA, provides for textile fabrics impregnated,
coated, covered, or laminated with plastics (except tire cord which
is provided for in Heading 5902).
Note 2 of Chapter 59, HTSUSA, provides, in pertinent part:
Heading 5903 applies to:
(a) Textile fabrics, impregnated, coated, covered or
laminated with plastics, whatever the weight per
square meter and whatever the nature of the plastic
material (compact or cellular), other than:
(1) fabrics in which the impregnation, coating or
covering cannot be seen with the naked eye (usually
chapters 50 to 55, 58 or 60); for the purpose of this
provision, no account should be taken of any
resulting change of color.
It is our view that the wording of Note 2(a)(1) ("visible to the
naked eye") is a clear expression by the drafters of the Harmonized
System that a significant, if not substantial, amount of material
must be added to a fabric for it to be considered "impregnated,
coated, or covered."
Therefore, following the strict wording of Note 2(a)(1), for a
fabric to be considered "impregnated, coated, or covered" within that
requirement, the plastics material added to the fabric must be
visibly distinguishable from that fabric without the use of
magnification. Customs believes that this criterion is satisfied
when the application of a plastics material clearly changes the
surface character of the fabric. In such an instance, the naked eye
is seeing the plastics.
Having examined the submitted garments, we believe that the
surface character of coated fabric of the snowmobile suit is
sufficiently changed to meet the requirement of heading 5903 that the
plastic be visible to the naked eye. However, the other submitted
samples do not have coated fabrics which we believe meet the
requirement of heading 5903.
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The snowmobile suit appears, prima facie, to be provided for in
two headings. Heading 6210, as a garment made up of fabric of 5903,
and heading 6211, as a ski-suit. Although the garment is referred to
as a snowmobile suit, we believe any attempt to distinguish ski-suits
and snowmobile suits would be fruitless. Distinctions that could be
made between these types of garments are certain to be merely
superficial.
Legal Note 5, Chapter 62, provides that "garments which are,
prima facie, classifiable both in heading 6210 and in other headings
of [Chapter 62], excluding heading 6209, are to be classified in
heading 6210. Therefore, the snowmobile suit is classified in
heading 6210 and not in heading 6211.
No information has been provided regarding whether the submitted
garments are to be considered water resistant as defined in
Additional U.S. Note 2, Chapter 62, HTSUSA. That note provides:
For the purposes of subheadings 6201.92.15, 6201.93.30,
6202.92.15, 6202.93.45, 6203.43.15, 6203.43.35, 6204.63.12,
6204.63.30 and 6211.20.15, the term "water resistant" means
that garments classifiable in those subheadings must have a
water resistance (see ASTM designations D 3600-81 and D 3781-79)
such that, under a head pressure of 600 millimeters, not more
than 1.0 gram of water penetrates after two minutes when tested
in accordance with AATCC Test Method 35-1985. This water
resistance must be the result of a rubber or plastics
application to the outer shell, lining or inner lining.
HOLDING:
Style 30334/5, a men's bib overall, if water resistant, is
classified in the provision for men's or boys' bib and brace
overalls, water resistant, in heading 6203.43.1500, HTSUSA, textile
category 659, dutiable at 7.6 percent ad valorem. If not water
resistant, the garment is classified in the provision for men's or
boys' bib and brace overalls, insulated for cold weather protection,
in subheading 6203.43.2005, HTSUSA, category 659, dutiable at 17
percent ad valorem.
Style 28070/1, a men's hip-length jacket, and style 414-3207, a
boys' jacket, if water resistant, are classified in the provision for
men's and boys' anoraks (including ski-jackets), windbreakers and
similar articles, of man-made fibers, other, water resistant, in
subheading 6201.93.3000, HTSUSA, textile category 634, dutiable at
7.6 percent ad valorem. If not water resistant, style 28070/1 is
classified in the provision for men's anoraks (including ski-
jackets), windbreakers and similar articles, of man-made fibers,
other, other, in subheading 6201.93.3510, HTSUSA, textile category
634, dutiable at 29.5 percent ad valorem. Style 414-3207 is
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classified in the provision for boys' anoraks (including ski-
jackets), windbreakers and similar articles, of man-made fibers,
other, other, in subheading 6201.93.3520, HTSUSA, textile category
634, dutiable at 29.5 percent ad valorem.
Style 508-1146, a men's snowmobile suit, as a garment with an
outer shell of fabric of heading 5903, is classifiable in the
provision for garments made up of fabrics of heading 5602, 5603,
5903, 5906 or 5907, other men's or boys' garments, of man-made
fibers, other, overalls and coveralls, in subheading 6210.40.1040,
HTSUSA, textile category 659, dutiable at 7.6 percent ad valorem.
The designated textile and apparel category may be subdivided
into parts. If so, the visa and quota requirements applicable to the
subject merchandise may be affected. Since part categories are the
result of international bilateral agreements which are subject to
frequent renegotiations and changes, to obtain the most current
information available, we suggest you check, close to the time of
shipment, the Status Report On Current Import Quotas (Restraint
Levels), an internal issuance of the U.S. Customs Service, which is
updated weekly and is available for inspection at your local Customs
office.
Due to the changeable nature of the statistical annotation (the
ninth and tenth digits of the classification) and the restraint
(quota/visa) categories, you should contact your local Customs office
prior to importation of this merchandise to determine the current
status of any import restraints or requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division
6cc: Area Director, New York Seaport
1cc: CITA
1cc: Legal Reference Section
1cc: Phil Robins